Anthony Kennedy nomination Ronald Reagan Supreme Court candidates

1 anthony kennedy nomination

1.1 robert bork selection
1.2 douglas ginsburg selection
1.3 anthony kennedy selection

anthony kennedy nomination

bork (right) president ronald reagan, 1987


robert bork selection

supreme court justice lewis powell moderate, , before expected retirement on june 27, 1987, senate democrats had asked liberal leaders form solid phalanx oppose whomever president ronald reagan nominated replace him, assuming tilt court rightward; democrats warned reagan there fight. reagan considered appointing utah senator orrin hatch seat, congress had approved $6,000 pay raises supreme court justices in february, raising problem under ineligibility clause of united states constitution, prohibits member of congress accepting appointment pay had been increased during member s term. memorandum assistant attorney general charles j. cooper rejected notion saxbe fix—a rollback of salary position—could satisfy ineligibility clause. hatch had been on short list of 2 finalists robert bork, after ineligibility clause had been brought light, hatch no longer under consideration. reagan nominated robert bork seat on july 1, 1987.

within 45 minutes of bork s nomination court, ted kennedy (d-ma) took senate floor strong condemnation of bork in nationally televised speech, declaring, robert bork s america land in women forced back-alley abortions, blacks sit @ segregated lunch counters, rogue police break down citizens doors in midnight raids, schoolchildren not taught evolution, writers , artists censored @ whim of government, , doors of federal courts shut on fingers of millions of citizens.

a brief prepared joe biden, head of senate judiciary committee, called biden report. bork later said in best-selling book tempting of america report thoroughly misrepresented plain record qualifies world class in category of scurrility . tv ads narrated gregory peck attacked bork extremist, , kennedy s speech fueled widespread public skepticism of bork s nomination. rapid response of kennedy s robert bork s america speech stunned reagan white house; though conservatives considered kennedy s accusations slanderous, attacks went unanswered two-and-a-half months.

a hotly contested united states senate debate on bork s nomination ensued, partly fueled strong opposition civil rights , women s rights groups concerned claimed bork s desire roll civil rights decisions of warren , burger courts. bork 1 of 3 supreme court nominees ever opposed aclu. bork criticized being advocate of disproportionate powers executive branch of government, executive supremacy , demonstrated role in saturday night massacre.

during debate on nomination, bork s video rental history leaked press, led enactment of 1988 video privacy protection act. video rental history unremarkable, , included such harmless titles day @ races, ruthless people , man knew much. list of rentals printed washington d.c. s city paper.

to pro-choice legal groups, bork s originalist views , belief constitution not contain general right privacy viewed clear signal that, should become justice on supreme court, vote reverse court s 1973 decision in roe v. wade. accordingly, large number of liberal advocacy groups mobilized press bork s rejection, , resulting 1987 senate confirmation hearings became intensely partisan battle. bork faulted bluntness before committee, including criticism of reasoning underlying roe v. wade.

as chairman of judiciary committee, senator joe biden presided on bork s hearing. biden stated opposition bork after nomination, reversing approval in interview of hypothetical bork nomination had made previous year , angering conservatives thought not conduct hearings dispassionately. @ close, biden won praise conducting proceedings , humor , courage, 1988 presidential campaign collapsed in middle of hearings. biden framed discussion around belief u.s. constitution provides rights liberty , privacy extend beyond explicitly enumerated in text, , bork s strong originalism ideologically incompatible view. bork s nomination rejected in committee 9–5 vote, , rejected in full senate 58–42 margin.

on october 23, 1987, senate rejected bork s confirmation, 42 senators voting in favor , 58 voting against. senators david boren (d-ok) , ernest hollings (d-sc) voted in favor, senators john chafee (r-ri), bob packwood (r-or), richard shelby (d-al), arlen specter (r-pa), robert stafford (r-vt), john warner (r-va) , lowell p. weicker, jr. (r-ct) voting no.

douglas ginsburg selection

following bork s defeat, reagan announced intention nominate douglas h. ginsburg, former harvard law professor whom reagan had appointed district of columbia circuit previous year. ginsburg came under fire entirely different reason when npr s nina totenberg revealed ginsburg had used marijuana on few occasions during student days in 1960s , while assistant professor @ harvard in 1970s. in 1991, similar admission then-nominee clarence thomas had used drug during law school days had no effect on nomination. ginsburg s continued use of marijuana after graduation , professor made indiscretions more serious in minds of many senators , members of public. prior being formally nominated, ginsburg withdrew name consideration due allegations remained on federal appellate bench.

anthony kennedy selection

after ginsburg s withdrawal, reagan nominated anthony kennedy on november 11, 1987, , confirmed fill vacancy on february 3, 1988.

while vetting kennedy potential nomination, of reagan s justice department lawyers said kennedy eager put courts in disputes many conservatives rather leave legislatures, , identify rights not expressly written in constitution. kennedy s stance in favor of privacy rights drew criticism; kennedy cited roe v. wade , other privacy right cases favorably, 1 lawyer called distressing .

in of opinions kennedy wrote before coming supreme court, criticized (in dissent) police bribing child showing them child s mother hid heroin; kennedy wrote indifference personal liberty precursor of state s hostility . reagan lawyers criticized kennedy citing report amnesty international bolster views in case.

another lawyer pointed out generally, [kennedy] seems favor judiciary in contest between judiciary , branch.

kennedy endorsed griswold right privacy, calling zone of liberty, zone of protection, line s drawn individual can tell government, beyond line may not go. gave kennedy more bipartisan support bork , ginsburg. senate confirmed him vote of 97 0.